Petition #21482908
- Sullivan County, Tennessee. May 8, 1829. - October 23, 1840.
- Court: Chancery
- Salutation: To the Honorable Chancellor Setting in chancery for the Counties of Sullivan, Hawkins, Grainger, and Claiborne
Abstract
In 1823, former slave and free black man Adam Waterford of Sullivan County, Tennessee, executed two deeds of trust, or mortgages. One trust was to protect Isaac and John Baker of Washington County, Virginia, from any liability they might incur by posting bond for Waterford in a civil suit as well as any liability they might incur by buying a slave Waterford had sold them; the other trust was "to secure to said Isaac Baker the payment of $704.85." Waterford complains that the actual amount due is $625, because he received "Nashville money ... at a time when Nashville money was upwards of thirty per cent under par." In spring 1825, Waterford drove "forty head of cattle," worth $350, to Virginia to pay part of the deed, but Baker "sacrificed" them, and they "only sold for fifteen dollars." In order to secure the deeds, Waterford put into trust his 206-acre homestead in Sullivan County. He charges that Isaac Baker obtained a fraudulent title to his land from the trustees and sued Waterford for the property. He lost but is threatening to sue again. Waterford says he "is willing & ready to come to a fair and honest settlement" with Baker, but he wants the amount adjusted to include the full value of the cattle and the depreciated value of the Nashville money. Waterford asks the court to enjoin Baker from suing again, to adjust the amount due, to compel Baker to receive "the sum that is really due to him in Equity," and to void the deed of trust and the fraudulent conveyances.
Result: Injunction granted; transferred to u. s. circuit court; revived; revived; partially granted; appealed.
- Number of petition pages: 7
- Related documents: PARs #21483715, #21682506; Transcript of Court Record, Adam Waterford vs. Isaac Baker, 8 May 1829--1 January 1830: including Copy of Indenture in Trust, Adam Waterford to Andrew Russell, Washington County, Virginia, 28 January 1823; and Clerk and Master's Certification, 1 January 1830; Transcript of Court Record, Adam Waterford vs. Isaac Baker, U. S. Circuit Court, 4 January 1830--23 October 1840: including Answer, Isaac Baker, U. S. Circuit Court, 13 January 1830; Amended Bill, Adam Waterford, 3 December 1830; Answer, John Baker, U. S. Circuit Court, 12 October 1831; Receipt for Purchase of Waterford, Evan S. Thompson from William P. Thompson, Washington County, Virginia, 14 May 1821; Receipt for Purchase of Waterford, William P. Thompson from Adam Waterford, Washington County, Virginia, 1 January 1822; Receipt of Jefferson and Certification of Sale of Walter, William P. Thompson to Adam Waterford, Washington County, Virginia, 14 January 1822; Bill of Revivor, David Waterford, et al., vs. John Baker, U. S. Circuit Court, 13 June 1836; Clerk and Master's Report, U. S. Circuit Court, October Term 1839; [Transcript of Court Record, John Baker vs. George Rutledge, Circuit Superior Court, Washington County, Virginia, 23 May 1834--2 June 1836: including Writ of Capias ad Respondendum, George Rutledge, 23 April 1834; Court Record and Special Pleas, George Rutledge, 28 October 1835; First Bill of Exceptions, John Baker [containing Mortgage, Adam Waterford to John Baker, 1 January 1822], 31 May 1836; and Court Opinion, 31 May 1836;] Copy of Deposition, Jacob Shoemaker [Shomaker], Court of Pleas and Quarter Sessions, Sullivan County, Tennessee, 21 November 1833; Copy of Deposition, George W. Rutledge, 18 July 1838; and Copy of Deposition for Defendant, Harold [Harrold] Smyth [Smith], Washington County, Virginia, 29 August 1839; Clerk's Certification of Transcript, U. S. Circuit Court, 6 January 1841
- Pages of related documents: 135
24 people are documented within petition 21482908
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Citation information
Repository: Archives of Appalachia, East Tennessee State University, Johnson City, Tennessee
- found in Washington County Court Records, Small Collections
- Folder: 1,2
Subjects
